Stephanie-Cardona LLC v. Smith's Food and Drug Centers, Inc., Stephanie-Cardona LLC v. Smith's Food and Drug Centers, Inc.

This appeal and cross-appeal grew out of a contract dispute between Stephanie-Car-dona, LLC (“Stephanie-Cardona”), a real estate development firm, and Smith’s Food & Drug Centers, Inc. (“Smith’s”), a grocery store operator. Stephanie-Cardona appeals a summary judgment in favor of Smith’s, and the cross-appeal challenges the denial of Smith’s request for attorney’s fees and costs. Because Stephanie-Cardo-na’s notice of appeal was untimely, we dismiss both the appeal and the cross-appeal for lack of subject matter jurisdiction.

I. Procedural History

Stephanie-Cardona sold a lot in a shopping center development to Smith’s, with the expectation that Smith’s would build and operate an anchor grocery store on the site. After spending over $3 million, Smith’s abandoned the grocery store project as a business decision. Stephanie-Cardona sued, alleging that Smith’s withdrawal was a breach of contract that forced Stephanie-Cardona into bankruptcy-

Stephanie-Cardona’s action filed in Nevada state court was removed on diversity grounds to federal court in June 2002. Stephanie-Cardona’s first amended complaint alleged six causes of action sounding in contract, unjust enrichment, and…